RULE 70. JUDGMENT FOR SPECIFIC ACTS-VESTING
TITLEENFORCING A
JUDGMENT FOR A SPECIFIC ACT

If a judgment directs a party to execute a conveyance of land or to deliver deeds or
other
documents or to perform any other specific act and the party fails to comply within the time
specified, the court may direct the act to be done at the cost of the disobedient party by some
other person appointed by the court and the act when so done has like effect as if done by
the party. On application of the party entitled to performance, the clerk shall issue a writ of
attachment or sequestration against the property of the disobedient party to compel
obedience to the judgment. The court may also in proper cases adjudge the party in
contempt. If real or personal property is within the state, the court in lieu of directing a
conveyance thereof may enter a judgment divesting the title of any party and vesting it in
others and such judgment has the effect of a conveyance executed in due form of law. When
any order or judgment is for the delivery of possession, the party in whose favor it is entered
is entitled to a writ of execution or assistance upon application to the clerk.

(a) Party's Failure to Act; Ordering Another to Act. If a judgment requires a party to
convey land, to deliver a deed or other document, or to perform any other specific act and
the party fails to comply within the time specified, the court may order the act to be done,
at the disobedient party's expense, by another person appointed by the court. When done,
the act has the same effect as if done by the party.

(b) Vesting Title. If the real or personal property is within the state, the court, instead
of
ordering a conveyance, may enter a judgment divesting any party's title and vesting it in
others. That judgment has the effect of a legally executed conveyance.

(c) Obtaining a Writ of Attachment or Sequestration. On application by a party entitled
to
performance of an act, the clerk must issue a writ of attachment or sequestration against the
disobedient party's property to compel obedience.

(d) Obtaining a Writ of Execution or Assistance. On application by a party who obtains
a judgment or order for possession, the clerk must issue a writ of execution or assistance.

(e) Holding in Contempt. The court may also hold the disobedient party in
contempt.

EXPLANATORY NOTE

Rule 70 was amended, effective ________________.

Rule 70 is identical to Rule 70, FRCivP, except for the substitution of "state" for
"district."derived from Fed.R.Civ.P. 70.

Rule 70 was amended, effective _______________, in response to the December 1,
2007,
revision of the Federal Rules of Civil Procedure. The language and organization of the rule
were changed to make the rule more easily understood and to make style and terminology
consistent throughout the rules.